S 490.00Legislative findings.
The devastating consequences of the recent barbaric attack on the
World Trade Center and the Pentagon underscore the compelling need for
legislation that is specifically designed to combat the evils of
terrorism. Indeed, the bombings of American embassies in Kenya and
Tanzania in 1998, the federal building in Oklahoma City in 1995, Pan Am
Flight number 103 in Lockerbie in 1988, the 1997 shooting atop the
Empire State Building, the 1994 murder of Ari Habersham on the Brooklyn
Bridge and the 1993 bombing of the World Trade Center, will forever
serve to remind us that terrorism is a serious and deadly problem that
disrupts public order and threatens individual safety both at home and
around the world. Terrorism is inconsistent with civilized society and
cannot be tolerated.
Although certain federal laws seek to curb the incidence of terrorism,
there are no corresponding state laws that facilitate the prosecution
and punishment of terrorists in state courts. Inexplicably, there is
also no criminal penalty in this state for a person who solicits or
raises funds for, or provides other material support or resources to,
those who commit or encourage the commission of horrific and cowardly
acts of terrorism. Nor do our criminal laws proscribe the making of
terrorist threats or punish with appropriate severity those who hinder
the prosecution of terrorists. Finally, our death penalty statute must
be strengthened so that the cold-blooded execution of an individual for
terrorist purposes is a capital offense.
A comprehensive state law is urgently needed to complement federal
laws in the fight against terrorism and to better protect all citizens
against terrorist acts. Accordingly, the legislature finds that our laws
must be strengthened to ensure that terrorists, as well as those who
solicit or provide financial and other support to terrorists, are
prosecuted and punished in state courts with appropriate severity.
S 490.01Liability protection.
1. Any person who makes a qualified disclosure of suspicious behavior
shall be immune from civil and criminal liability for reporting such
behavior.
2. For purposes of this article, "qualified disclosure of suspicious
behavior" means any disclosure of allegedly suspicious behavior of
another individual or individuals to any person that is made in good
faith and with the reasonable belief that such suspicious behavior
constitutes, is indicative of, or is in furtherance of a crime or an act
of terrorism.
3. An action alleging that a statement or disclosure by a person of
any suspicious transaction, activity or occurrence indicating that an
individual may be engaging in or preparing to engage in suspicious
behavior which constitutes, is indicative of, or is in furtherance of, a
crime or an act of terrorism was not made in good faith and with the
reasonable belief that such suspicious behavior constitutes, is
indicative of, or is in furtherance of, a crime or an act of terrorism
must be pled with particularity pursuant to subdivision (b) of rule
three thousand sixteen of the civil practice law and rules.
S 490.05Definitions.
As used in this article, the following terms shall mean and include:
1. "Act of terrorism":
(a) for purposes of this article means an act or acts constituting a
specified offense as defined in subdivision three of this section for
which a person may be convicted in the criminal courts of this state
pursuant to article twenty of the criminal procedure law, or an act or
acts constituting an offense in any other jurisdiction within or outside
the territorial boundaries of the United States which contains all of
the essential elements of a specified offense, that is intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination or kidnapping; or
(b) for purposes of subparagraph (xiii) of paragraph (a) of
subdivision one of section 125.27 of this chapter means activities that
involve a violent act or acts dangerous to human life that are in
violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination or kidnapping.
2. "Material support or resources" means currency or other financial
securities, financial services, lodging, training, safehouses, false
documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel, transportation, and
other physical assets, except medicine or religious materials.
3. (a) "Specified offense" for purposes of this article means a class
A felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
theft in the second degree as defined in section 190.79, identity theft
in the first degree as defined in section 190.80, unlawful possession of
personal identification information in the second degree as defined in
section 190.82, unlawful possession of personal identification
information in the first degree as defined in section 190.83, money
laundering in support of terrorism in the fourth degree as defined in
section 470.21, money laundering in support of terrorism in the third
degree as defined in section 470.22, money laundering in support of
terrorism in the second degree as defined in section 470.23, money
laundering in support of terrorism in the first degree as defined in
section 470.24 of this chapter, and includes an attempt or conspiracy to
commit any such offense.
(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a specified offense shall not mean an offense defined in
sections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this
article, nor shall a specified offense mean an attempt to commit any
such offense.
4. "Renders criminal assistance" for purposes of sections 490.30 and
490.35 of this article shall have the same meaning as in section 205.50
of this chapter.
5. "Biological agent" means any micro-organism, virus, infectious
substance, or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of
any such micro-organism, virus, infectious substance, or biological
product, capable of causing:
(a) death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or material of
any kind; or
(c) deleterious alteration of the environment.
6. "Toxin" means the toxic material of plants, animals,
micro-organisms, viruses, fungi, or infectious substances, or a
recombinant molecule, whatever its origin or method of production,
including:
(a) any poisonous substance or biological product that may be
engineered as a result of biotechnology produced by a living organism;
or
(b) any poisonous isomer or biological product, homolog, or derivative
of such a substance.
7. "Delivery system" means:
(a) any apparatus, equipment, device, or means of delivery
specifically designed to deliver or disseminate a biological agent,
toxin, or vector; or
(b) any vector.
8. "Vector" means a living organism, or molecule, including a
recombinant molecule, or biological product that may be engineered as a
result of biotechnology, capable of carrying a biological agent or toxin
to a host.
9. "Biological weapon" means any biological agent, toxin, vector, or
delivery system or combination thereof.
10. "Chemical weapon" means the following, together or separately:
(a) a toxic chemical or its precursors;
(b) a munition or device specifically designed to cause death or other
harm through the toxic properties of a toxic chemical or its precursors,
which would be released as a result of the employment of such munition
or device;
(c) any equipment specifically designed for use directly in connection
with the employment of munitions or devices; or
(d) any device that is designed to release radiation or radioactivity
at a level dangerous to human life.
11. "Precursor" means any chemical reactant that takes part at any
stage in the production by whatever method of a toxic chemical,
including any key component of a binary or multicomponent chemical
system, and includes precursors which have been identified for
application of verification measures under article VI of the convention
in schedules contained in the annex on chemicals of the chemical weapons
convention.
12. "Key component of a binary or multicomponent chemical system"
means the precursor which plays the most important role in determining
the toxic properties of the final product and reacts rapidly with other
chemicals in the binary or multicomponent system.
13. "Toxic chemical" means any chemical which through its chemical
action on life processes can cause death, serious physical injury or
permanent harm to humans or animals, including all such chemicals,
regardless of their origin or of their method of production, and
regardless of whether they are produced in facilities, in munitions or
elsewhere, and includes toxic chemicals which have been identified by
the commissioner of health and included on the list of toxic chemicals
pursuant to subdivision twenty of section two hundred six of the public
health law.
14. The terms "biological agent", "toxin", and "toxic chemical" do not
include any biological agent, toxin or toxic chemical that is in its
naturally occurring environment, if the biological agent, toxin or toxic
chemical has not been cultivated, collected, or otherwise extracted from
its natural source.
15. "Select chemical agent" shall mean a chemical weapon which has
been identified in regulations promulgated pursuant to subdivision
twenty of section two hundred six of the public health law.
16. "Select biological agent" shall mean a biological weapon which has
been identified in regulations promulgated pursuant to subdivision
twenty-one of section two hundred six of the public health law.
17. "Chemical weapons convention" and "convention" mean the convention
on the prohibition of the development, production, stockpiling and use
of chemical weapons and on their destruction, opened for signature on
January thirteenth, nineteen hundred ninety-three.
S 490.10Soliciting or providing support for an act of terrorism in the
second degree.
A person commits soliciting or providing support for an act of
terrorism in the second degree when, with intent that material support
or resources will be used, in whole or in part, to plan, prepare, carry
out or aid in either an act of terrorism or the concealment of, or an
escape from, an act of terrorism, he or she raises, solicits, collects
or provides material support or resources.
Soliciting or providing support for an act of terrorism in the second degree
is a class D felony.
S 490.15Soliciting or providing support for an act of terrorism in the
first degree.
A person commits soliciting or providing support for an act of
terrorism in the first degree when he or she commits the crime of
soliciting or providing support for an act of terrorism in the second
degree and the total value of material support or resources exceeds one
thousand dollars.
Soliciting or providing support for an act of terrorism in the first degree
is a class C felony.
S 490.20Making a terroristic threat.
1. A person is guilty of making a terroristic threat when with intent
to intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
threatens to commit or cause to be committed a specified offense and
thereby causes a reasonable expectation or fear of the imminent
commission of such offense.
2. It shall be no defense to a prosecution pursuant to this section
that the defendant did not have the intent or capability of committing
the specified offense or that the threat was not made to a person who
was a subject thereof.
Making a terroristic threat is a class D felony.
S 490.25Crime of terrorism.
1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
commits a specified offense.
2. Sentencing.
(a) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B, C, D or E felony
offense, the crime of terrorism shall be deemed a violent felony
offense.
(b) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category
higher than the specified offense the defendant committed, or one
category higher than the offense level applicable to the defendant`s
conviction for an attempt or conspiracy to commit the offense, whichever
is applicable.
(c) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B felony offense, the
crime of terrorism shall be deemed a class A-I felony offense and the
sentence imposed upon conviction of such offense shall be in accordance
with section 70.00 of this chapter.
(d) Notwithstanding any other provision of law, when a person is
convicted of a crime of terrorism pursuant to this section, and the
specified offense is a class A-I felony offense, the sentence upon
conviction of such offense shall be life imprisonment without parole;
provided, however, that nothing herein shall preclude or prevent a
sentence of death when the specified offense is murder in the first
degree as defined in section 125.27 of this chapter.
S 490.30Hindering prosecution of terrorism in the second degree.
A person is guilty of hindering prosecution of terrorism in the second
degree when he or she renders criminal assistance to a person who has
committed an act of terrorism, knowing or believing that such person
engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the second degree
is a class C felony.
S 490.35Hindering prosecution of terrorism in the first degree.
A person is guilty of hindering prosecution of terrorism in the first
degree when he or she renders criminal assistance to a person who has
committed an act of terrorism that resulted in the death of a person
other than one of the participants, knowing or believing that such
person engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the first degree is a class B felony.
S 490.37Criminal possession of a chemical weapon or biological weapon
in the third degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the third degree when he or she possesses any
select chemical agent or select biological agent under circumstances
evincing an intent by the defendant to use such weapon to cause serious
physical injury or death to another person.
Criminal possession of a chemical weapon or biological weapon in
the third degree is a class C felony.
S 490.40Criminal possession of a chemical weapon or biological weapon
in the second degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the second degree when he or she possesses any
chemical weapon or biological weapon with intent to use such weapon to:
1. (a) cause serious physical injury to, or the death of, another
person; and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping.
2. cause serious physical injury to, or the death of, more than two
persons.
Criminal possession of a chemical weapon or biological weapon in the
second degree is a class B felony.
S 490.45Criminal possession of a chemical weapon or biological weapon
in the first degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the first degree when he or she possesses:
1. any select chemical agent, with intent to use such agent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping.
2. any select chemical agent, with intent to use such agent to cause
serious physical injury to, or the death of, more than two other
persons; or
3. any select biological agent, with intent to use such agent to cause
serious physical injury to, or the death of, another person.
Criminal possession of a chemical weapon or biological weapon in
the first degree is a class A-I felony.
S 490.47Criminal use of a chemical weapon or biological weapon in the
third degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the third degree when, under circumstances evincing a depraved
indifference to human life, he or she uses, deploys, releases, or causes
to be used, deployed, or released any select chemical agent or select
biological agent, and thereby creates a grave risk of death or serious
physical injury to another person not a participant in the crime.
Criminal use of a chemical weapon or biological weapon in the third
degree is a class B felony.
S 490.50Criminal use of a chemical weapon or biological weapon
in the second degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the second degree when he or she uses, deploys, releases, or
causes to be used, deployed, or released, any chemical weapon or
biological weapon, with intent to:
1. cause serious physical injury to, or the death of, another person;
and
2. (a) intimidate or coerce a civilian population;
(b) influence the policy of a unit of government by intimidation or
coercion; or
(c) to affect the conduct of a unit of government by murder,
assassination, or kidnapping.
Criminal use of a chemical weapon or biological weapon in the
second degree is a class A-II felony.
S 490.55Criminal use of a chemical weapon or biological weapon in the
first degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the first degree when:
1. with intent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping;
he or she uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes serious physical
injury to, or the death of, another person who is not a participant in
the crime.
2. with intent to cause serious physical injury to, or the death of,
more than two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select chemical agent and thereby
causes serious physical injury to, or the death of, more than two
persons who are not participants in the crime; or
3. with intent to cause serious physical injury to, or the death of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed, or released any select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
Criminal use of a chemical weapon or biological weapon in the
first degree is a class A-I felony.
S 490.70Limitations.
1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,
and 490.55 of this article shall not apply where the defendant possessed
or used:
(a) any household product generally available for sale to consumers in
this state in the quantity and concentration available for such sale;
(b) a self-defense spray device in accordance with the provisions of
paragraph fourteen of subdivision a of section 265.20 of this chapter;
(c) a chemical weapon solely for a purpose not prohibited under this
chapter, as long as the type and quantity is consistent with such a
purpose; or
(d) a biological agent, toxin, or delivery system solely for
prophylactic, protective, bona fide research, or other peaceful
purposes.
2. For the purposes of this section, the phrase "purposes not
prohibited by this chapter" means the following:
(a) any peaceful purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or other peaceful
activity;
(b) any purpose directly related to protection against toxic chemicals
and to protection against chemical weapons;
(c) any military purpose of the United States that is not connected
with the use of a chemical weapon or that is not dependent on the use of
the toxic or poisonous properties of the chemical weapon to cause death
or other harm; and
(d) any law enforcement purpose, including any domestic riot control
purpose and including imposition of capital punishment.
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